1 CITY OF
2 LAND USE AND ZONING
3 COMMITTEE
4
5
6 Proceedings held on Tuesday, March 18,
7 2008, commencing at 5:00 p.m., City Hall, Council
8 Chambers, 1st Floor,
9 Diane M. Tropia, a Notary Public in and for the State
10 of
11
12 PRESENT:
13 MICHAEL CORRIGAN, Chair.
CLAY YARBOROUGH, Vice Chair.
14 RICHARD CLARK, Committee Member.
MIA JONES, Committee Member.
15 E. DENISE LEE, Committee Member.
ART SHAD, Committee Member.
16
17 ALSO PRESENT:
18 JOHN CROFTS, Deputy Director, Planning Dept.
SEAN KELLY, Planning and Development Dept.
19 FOLKS HUXFORD, Planning and Development Dept.
20 JESSICA STEPHENS, Legislative Assistant.
MERRIANE LAHMEUR, Legislative Assistant.
21
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22
23
24
25
Diane M.
Tropia,
2
1 P R O C E E D I N G S
2 March 18, 2008 5:00 p.m.
3 - - -
4 THE CHAIRMAN: Good evening.
5 I hereby call to order the Tuesday,
6 March 18, 2008, meeting of the Land Use and
7 Zoning Committee.
8 I am your Land Use and Zoning Chair,
9 Michael Corrigan. We also have our cochair
10 Councilman Clay Yarborough, Councilman Richard
11 Clark, Councilwoman Mia Jones, and Councilmember
12 Art Shad.
13 We have a fairly light agenda today. We'll
14 begin at the beginning and go straight through
15 it.
16 As I mentioned earlier, if you'd like to
17 speak, please make sure you have a blue
18 speaker's card turned in, and we'll take you up
19 as your item comes up on our agenda.
20 Committee members, we'll begin on page 2,
21 item number 1, 2005-718. We'll open that public
22 hearing.
23 Seeing no speakers, we'll continue that
24 public hearing with no further action.
25 The following bills will be deferred:
Diane M.
Tropia,
3
1 Item 2, 2005-1228; item 3, 2006-24, 2006-220,
2 2006-360, -520, and -658 are all deferred.
3 On page 4 of your agenda, all the items are
4 deferred: 2007-144, -145, and -384.
5 Page 5, item 11, 2007-581, is deferred.
6 Item 12, 2007-659. We'll open that public
7 hearing.
8 Seeing no speakers, we'll continue that
9 public hearing.
10 Item 13, 2007-803, is deferred.
11 Page 6, item 14, 2007-1011, is deferred.
12 Item 15, 2007-1046. We'll open that public
13 hearing.
14 Seeing no speakers, we'll continue that
15 public hearing with no further action.
16 Item 16, 2007-1051 is deferred. Excuse
17 me. Deferred, not open.
18 Item number 17, 2007-1061. We'll open that
19 public hearing.
20 We have one speaker, Wayne Pope. Is
21 Mr. Pope here?
22 AUDIENCE MEMBER: (Indicating.)
23 THE CHAIRMAN: Come on down.
24 (Audience member approaches the podium.)
25 THE CHAIRMAN: Give your name and address
Diane M.
Tropia,
4
1 for the record, and you have three minutes to
2 speak on this bill.
3 AUDIENCE MEMBER: Wayne Pope, 13400 Sutton
5 THE CHAIRMAN: Okay.
6 MR. POPE: I'm just here to answer any
7 questions that the panel may have.
8 THE CHAIRMAN: Okay. Thank you.
9 If you'll stick around right there, we'll
10 see if we have any questions for you.
11 Seeing no other speakers, we'll close that
12 public hearing.
13 MR. CLARK: Move the amendment.
14 MR. SHAD: Second.
15 THE CHAIRMAN: I have a motion and a second
16 on the amendment to -1061.
17 We'll go to the Planning Department for an
18 explanation of the amendment.
19 MR. CROFTS: The amendment is as follows,
20 Mr. Chairman and committee members:
21 Condition number 1, "The development shall
22 be subject to the original legal description
23 dated January 9, 2008."
24 Condition number 2, "The development shall
25 be subject to the original written description
Diane M.
Tropia,
5
1 dated January 9, 2008."
2 Number 3, "The development shall be subject
3 to the original site plan dated January 9,
4 2008."
5 Number 4 and finally, "The development
6 shall be subject to the review and approval of
7 the Development Services Division pursuant to
8 their memorandum dated February 1, 2008, and the
9 Transportation Planning Division memorandum
10 dated February 19, 2008, or as otherwise
11 approved by the Planning and Development
12 Department."
13 Thank you.
14 THE CHAIRMAN: Mr. Pope, are you aware of
15 those amendments and approve them?
16 MR. POPE: Yes, I am.
17 THE CHAIRMAN: Okay. Thank you.
18 Seeing no questions on the amendment, all
19 in favor of the amendment signal by saying aye.
20 COMMITTEE MEMBERS: Aye.
21 THE CHAIRMAN: All opposed.
22 COMMITTEE MEMBERS: (No response.)
23 THE CHAIRMAN: The amendment carries.
24 MR. SHAD: Move the bill as amended.
25 MS. JONES: Second.
Diane M.
Tropia,
6
1 MR. POPE: Thank you.
2 THE CHAIRMAN: Motion and second on
3 2007-1061 as amended.
4 Seeing no discussion, open the ballot,
5 record the vote.
6 (Committee ballot opened.)
7 MR. CLARK: (Votes yea.)
8 MR. CORRIGAN: (Votes yea.)
9 MS. JONES: (Votes yea.)
10 MR. SHAD: (Votes yea.)
11 MR. YARBOROUGH: (Votes yea.)
12 (Committee ballot closed.)
13 MS. LAHMEUR: Five yeas, zero nays.
14 THE CHAIRMAN: By your action, you've
15 approved 2007-1061.
16 Thank you, Mr. Pope.
17 Committee members, items 18, 19, and 20 --
18 2007-1085, -1086, and -1121 -- are all open.
19 Seeing no cards on those three bills,
20 they'll be continued with no further action.
21 Page 8 of your agenda, 2007-1125. We'll
22 open that public hearing.
23 Seeing no speakers, we'll continue it.
24 Item number 22, 2007-1215. We'll open that
25 public hearing.
Diane M.
Tropia,
7
1 Mr.
2 at this point.
3 (Mr. Hainline approaches the podium.)
4 MR. HAINLINE:
6 Mr. Harden and I are in agreement that it
7 will be heard in two weeks.
8 THE CHAIRMAN: Okay. That's on the
9 record? We got that?
10 Okay. Good.
11 Thank you, Mr. Hainline. We appreciate it.
12 MR. HAINLINE: Thank you.
13 THE CHAIRMAN: Seeing no other speakers, we
14 will continue that public hearing with no
15 further action.
16 Item number 23, 2007-1230.
17 MR. YARBOROUGH: Move to withdraw.
18 THE CHAIRMAN: We have a question from
19 Councilmember Shad.
20 MS. JONES: Second.
21 MR. SHAD: I was actually going to move to
22 withdraw with return of --
23 THE CHAIRMAN: We have a motion and second
24 to withdraw.
25 Go ahead, Councilman Shad.
Diane M. Tropia,
8
1 MR. SHAD: I was going to note -- mention
2 to the Planning Department, I was speaking to
3 the agent on this on another matter, and he knew
4 I was coming up here and he asked me to explain
5 the situation and to ask for a return of fees.
6 Not actually a return of fees. He's refiling
7 this at the request of the district
8 councilperson, and have those fees carried
9 forward to the next application. So I told him
10 I would bring that up at the committee.
11 And I didn't know if the Planning
12 Department had any input. And Mr. Bishop is not
13 here, so maybe he could address it on Tuesday.
14 But I was hoping Mr. Bishop would be here so he
15 could -- I could hear firsthand what him and the
16 applicant had come up with.
17 THE CHAIRMAN: Okay. Thank you, Councilman
18 Shad.
19 I'll tell you that Councilman Bishop was at
20 the agenda meeting today. He did not mention
21 return of fees at the agenda meeting. So he
22 either didn't have an opinion or didn't suggest
23 it, one or the other.
24 MR. SHAD: Okay.
25 THE CHAIRMAN: So probably bringing it up
Diane M.
Tropia,
9
1 Tuesday night would be probably more
2 appropriate. So --
3 MR. SHAD: Okay.
4 THE CHAIRMAN: Councilmember Clark.
5 MR. CLARK: I was just going to say, if --
6 I mean, I don't think that any of us have any
7 problem if he's -- I know if I were asking
8 someone to honor a request to refile it, that I
9 personally wouldn't have any issue with having
10 them carry forward the fees.
11 MR. SHAD: I'll make the amendment to carry
12 the fees forward --
13 THE CHAIRMAN: Wait a minute. We've got a
14 motion. Do we have a second on the motion?
15 MS. ELLER: You can't carry forward. You
16 have to refund.
17 THE CHAIRMAN: Ms. Eller, do you want to
18 explain where we are?
19 MR. SHAD: Yes.
20 There's no authorization in the ordinance
21 code to waive the fee when it's refiled as a new
22 application. So the procedure we have, as
23 cumbersome and as frustrating as it may sound,
24 is to refund the fees on this application, and
25 then they could use them towards the new
Diane M.
Tropia,
10
1 application that they would file in August.
2 THE CHAIRMAN: Okay. I know that we
3 typically don't refund the fees when there's
4 been a Planning Department report filed.
5 Is that correct from the Planning
6 Department or --
7 MR. CROFTS: Through the Chair, typically
8 that's been our policy, but the factor in this
9 equation adds a little bit different intent here
10 with regard to the intent of refiling. So
11 typically when we do a -- the answer to the
12 question is yes, but I think there's some other
13 issues here that may play into your decision
14 with the fact that -- being the commitment to
15 refile later down the road.
16 THE CHAIRMAN: Okay. So I don't think I've
17 got a second on Councilmember Shad's --
18 MR. CLARK: Second.
19 THE CHAIRMAN: A motion and second to
20 return the fees?
21 Is that --
22 MR. SHAD: (Nods head.)
23 THE CHAIRMAN: Okay. And the Planning
24 Department is okay with that?
25 MR. CROFTS: (Nods head.)
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 THE CHAIRMAN: Okay. Seeing -- a motion
2 and second, no discussion, all in favor signal
3 by saying aye.
4 COMMITTEE MEMBERS: Aye.
5 THE CHAIRMAN: All opposed.
6 COMMITTEE MEMBERS: (No response.)
7 THE CHAIRMAN: It passes.
8 Okay. We're back on the withdrawal with
9 refund of fees.
10 Seeing --
11 MS. JONES: Move to withdraw.
12 MR. CLARK: Second.
13 THE CHAIRMAN: A motion and second to
14 withdraw with return of fees.
15 Seeing no discussion, open the ballot and
16 record the vote.
17 (Committee ballot opened.)
18 MR. CLARK: (Votes yea.)
19 MR. CORRIGAN: (Votes yea.)
20 MS. JONES: (Votes yea.)
21 MR. SHAD: (Votes yea.)
22 MR. YARBOROUGH: (Votes nay.)
23 (Committee ballot closed.)
24 MS. LAHMEUR: Four yeas, one nay.
25 THE CHAIRMAN: By your action, you've
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 withdrawn 2007-1230.
2 Item number 24, 2007-1308, is deferred.
3 Top of page 9, item 2007-1310. We'll open
4 that public hearing.
5 We'll close that public hearing, seeing no
6 speakers.
7 Item 26, 2007-1311. We'll open that public
8 hearing.
9 Seeing no speakers, we'll close that public
10 hearing.
11 Item 27, 2007-1312. Open that public
12 hearing.
13 Seeing no speakers, we'll close that public
14 hearing.
15 MR. CLARK: (Inaudible.)
16 THE CHAIRMAN: That's a very good question
17 to the Planning Department.
18 Why are we just opening and closing these
19 and taking no further action?
20 MR. CROFTS: To the Committee and Chairman
21 and Members, these three items are -- the last
22 three items are all located in generally the
23 same area, and it's my understanding that the
24 applicant is expressing wishes to file a PUD.
25 Procedurally, we will go back and
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 readvertise it as a PUD and take care of that
2 issue, but the item -- the PUD has not been
3 formally submitted yet. And just out of
4 expeditiousness, as far as the committee
5 operates, I just went ahead and closed the
6 public hearings for now.
7 THE CHAIRMAN: Thank you. We appreciate
8 it.
9 Item number 28, 2007-1350. We'll open that
10 public hearing.
11 We have no speakers on that public
12 hearing. I will tell you, this appeal is in my
13 district. I did have a meeting with the
14 appellant last week and a conversation with them
15 concerning the status of this. At the end of
16 our meeting, he requested it be deferred until
17 he gave us further notice.
18 He submitted that to me in writing. So
19 we'll just open and continue until he notifies
20 us differently. So that public hearing will be
21 continued with no further action.
22 Page 10, 2008-23. We'll open that public
23 hearing.
24 Seeing no speakers, we'll continue it until
25 May 5th, 2008.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 MS. JONES: May 6th.
2 THE CHAIRMAN: May 6th. Excuse me.
3 Thank you.
4 Item 30, 2008-25. We'll open that public
5 hearing.
6 We have one speaker, Susan Green.
7 (Ms. Green approaches the podium.)
8 THE CHAIRMAN: Good evening.
9 MS. GREEN: Good evening.
10 Susan Green of Green & Kupperman, 200 First
11 Street, Suite B, Neptune Beach, representing the
12 landowner.
13 And I personally want to thank you for the
14 emergency deferral last time. I was quite ill,
15 so . . .
16 I have quite a presentation because we have
17 a recommendation for denial by the Planning
18 Department, so I have some documents to hand
19 out.
20 If everyone would just take a package, and
21 then I'm going to send one --
22 THE CHAIRMAN: Susan, pull that microphone
23 a little bit closer so we make sure you get on
24 the tape.
25 MS. GREEN: Can you hear me now?
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 THE CHAIRMAN: Yes.
2 MS. GREEN: Okay. I have one set of
3 pictures I just wanted to pass around. I'm
4 going to keep one in my hand, trying to save
5 money on color printing.
6 Okay. This piece of property is -- does
7 the Planning Department want --
8 (Tenders documents.)
9 This piece of property is located on
10 Shindler Drive. It's in Councilmember Holt's
11 district. And just to let you know, I did speak
12 with him this morning right here in TEU, told
13 him that I had spoken with his aide. And since
14 I didn't hear from him, I didn't assume he had
15 any problems.
16 And one reason I did want to clarify that
17 with him is that his aide -- I think her name is
18 Connie -- told me that there were a lot of
19 mobile home issues on this road. However, our
20 situation, or our little area of the Oak Ridge
21 mobile home community has never had a complaint
22 in her office.
23 Okay. I need to give you a little bit of
24 history about the property.
25 Okay. I'll have to do this from scratch.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 I thought I had all my paperwork here.
2 This piece of property is just under two
3 acres. It, as you can see on the zoning map,
4 abuts a larger tract which is where the mobile
5 home park is. This particular piece of
6 property, as it has the little flag, that flag
7 is a driveway. And you can see that in some of
8 the pictures. It's a dirt driveway. It goes
9 all the way back. Serves about, I want to say,
10 six or seven, maybe, mobile homes that are back
11 there.
12 On this piece of property, in 1999, the
13 woman who did own it -- and I think she may no
14 longer be living, but she ended up deeding it
15 over to Mr. and Mrs. Bowers. It was the
16 husband's aunt. Dorothea came to the Planning
17 Department and made an application for the same
18 thing that I'm here for today, the waiver, and
19 then we -- the next process, then, is to go to
20 the administrative deviation at the Planning
21 Department for two mobile homes on slightly less
22 than two acres. You get to have one home per
23 acre.
24 Well, at that time, she was advised that
25 the Planning Department didn't process the
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 administrative deviation waivers for reducing
2 lot area, so she withdrew that application.
3 And then at the LUZ meeting, the
4 application was amended, then, from two mobile
5 homes down to one since there wasn't going to be
6 the ability to have the second one.
7 Apparently when she deeded -- apparently
8 when she deeded the property to the Bowers,
9 either she didn't understand that or she
10 neglected to tell them. And so in your package
11 behind the zoning map, and then our site plan
12 that Greg and I did which shows the existing and
13 then the remainder area where we proposed to put
14 the second mobile home, the third page is a site
15 plan that Mr. or Ms. Bower did. It's slightly
16 crude. And it did get a stamp from the Planning
17 Department, and that was in April of last year.
18 That was based upon Ms. Bower thinking that
19 she had the waiver granted for two mobile
20 homes.
21 Then she makes application for the move-on
22 permit, and then, you know, the one gets moved
23 on. Actually, my memory has escaped me as to
24 how it actually got caught up that she could not
25 have the second mobile home.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 She talked to, I think, Michael Koerner and
2 Folks, and she's very diligent when she speaks.
3 She can -- sweet lady but wear your ear out a
4 little bit. So she got all ruffled and -- then
5 she came and found us.